Snehilkumar P. Joshiara vs State of Gujarat and Others

M.R. Shah, J.—Rule. Ms. Sangeeta Vishen, learned Assistant Government Pleader waives the service of notice of rule on behalf of the respondent Nos. 1 and 2 - State and Mr. D.G. Shukla, learned advocate waives the service of notice of rule on behalf of the respondent No. 3 - GPSC, in each of the applications.

With the consent of the learned advocates appearing on behalf of the respective parties, all these applications are taken up for final hearing today.

In all these applications, the respective applicants have prayed to modify the judgement and order dtd.28/1/2010 passed in the Civil Application No. 13093 of 2009, by directing the respondents to continue the appointment of the applicants as ad-hoc lecturer till regularly GPSC selected candidates are available by making available to the applicants the benefit of extension of time granted to the respondents vide order dtd.28/1/2010 passed in Civil Application No. 13093 of 2009 and not to fill up the post of lecturers by appointing another set of ad-hoc lecturers-Class-II, in place of the respective applicants and further in the event of the availability of regularly selected candidates of the respective applicants may not be terminated until the principle of "Last Come First Go".

Mr. P.R. Nanavati, learned advocate appearing on behalf of the respective applicants does not press the rest of the reliefs prayed in these applications except their prayer to continue them as ad-hoc on the same terms and conditions as ordered by this Court vide aforesaid judgement and order dtd.30/6/2009, till 31/12/2010 or till the regularly selected candidates from GPSC are available, whichever is earlier. Mr. P.R. Nanavati, learned advocate appearing on behalf of the respective applicants has also declared at the bar that none of the applicants have initiated any proceedings before this Court and/or any other Court for the relief sought in the present applications.

Mr. P.R. Nanavati, learned advocate appearing on behalf of the respective applicants has stated at the bar that the respective applicants be continued on ad-hoc on the same terms and conditions as per the judgement and order dtd. 30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters, more particularly para 19 of the aforesaid judgement and order dtd.30/6/2009 and they shall not raise any grievance in future.

Having heard Mr. P.R. Nanavati, learned advocate appearing on behalf of the respective applicants, Mr. Kamal Trivedi, learned Advocate General appearing on behalf of the respondent Nos. 1 and 2 - State and Mr. D.G. Ghukla, learned advocate appearing on behalf of the respondent No. 3 - GPSC, considering the judgement and order dtd. 30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters and subsequent order dtd.28/1/2010 passed by this Court in Civil Application No. 13093 of 2009, by which the State Government has been granted further time to make appointment of lecturers on regular basis in the Government Engineering and Polytechnic Colleges in the State of Gujarat on or before 31/12/2010, the prayer of the respective applicants herein to continue them as ad-hoc on the same terms and conditions as per the judgement and order dtd. 30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters, till 31/12/2010 and/or till regularly GPSC selected candidates are available, can be considered, otherwise there will be chaos and vacuum, which will not be in the interest of the students and education, as observed in the earlier judgement and order dtd. 30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters.

Under the circumstances and for the reasons stated above, all these applications are allowed to the extent that all the respective applicants be continued as ad-hoc lecturers or the post held by them on ad-hoc on the same terms and conditions as per the judgement and order dtd. 30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters, till 31/12/2010 or till the regularly GPSC selected and appointed candidates are available, whichever is earlier. All these applications are accordingly allowed to the aforesaid extent only. For rest of the relief/prayer, the respective applications are dismissed as not pressed. Rule is made absolute to the aforesaid extent in each of the applications. In the facts and circumstances of the case, there shall be no order as to costs.